Recently, the Chairman of the Board of Selectmen stated that if anyone had questions about his performance and issues in the town government he would be happy to answer them.
Would you mind if I asked a couple of questions, Mr. Chair?
You keep indicating that a mistake the Finance Committee made is the reason for the Special Town Meeting this November.
Question 1:Why do you say that and can you explain your reasoning?A little background for those that don't know the reason for the town meeting. It appears that some are saying that the budget for this fiscal year is not balanced because money wasn't transferred out of the Ambulance User Fund and into the General Fund for use by the Fire Department. For that reason we cannot set our tax rate.
The Ambulance User Fund is an account that holds the fees that are charged when someone uses the town ambulance service. This fund was set up in 1992 to help defray the cost of running this service ie. Paying for the ambulance, paying for supplies, maintenance and staffing of the ambulance.
A little more information...
I have both the
Selectmen's Budget and the
Finance Committee's Budget that was presented at the June Town Meeting. They both indicate that the ambulance user account as a revenue source but neither seem to show a transfer to the fire department. Why should it?...These are just the budget numbers. Wouldn't you need an written article to do the transfer?
I don't know, but the Attorney General's Website says this:
What's a warrant?
The warrant lists a meeting's time, place, and agenda. A warrant is also known as a warning. A Town Meeting's action is not valid unless the subject was listed on the warrant. Wouldn't that mean that if the transfer is not written on the warrant then it can't be done?
The Attorney General's Website also says this:
Who makes up the warrant?
The selectmen, who issue it.
So wouldn't that mean the Selectmen would write the transfer into the warrant? It seems like this would be true, but who knows.
Question 2: Could you please explain the process of how this transfer should have taken place and where it is in your budget?
I'm sure the Finance Committee did overlook this transfer as they don't write the warrant and as it was their first year together the didn't know the ins and outs of the process, so they could be partially to blame in some small way.
Something else the Chairman of the BOS said leads to the next question. The Chairman stated that this transfer was in the Selectmen's budget and if town meeting passed the Selectmen's budget everything would have been fine. Wouldn't that indicate that the Selectmen must have known about the transfer at the town meeting?
Question 3: Why did you not stand up and address town meeting and make sure the transfer took place?
Oh! Couple of other questions.
Question 4. Why would you not meet with the Finance Committee until only a short time before the June Town Meeting?
Maybe this problem would have been talked about or brought up at that point.
Question 5. Don't you think that working with the various committees would be more beneficial to the town than not working with them?
Seems like there are more questions than answers.
I'll finish up with a couple of other comments.
Mr. Chairman, you made mention that the Finance Committee did not seem to care about the legal opinions of its new bylaw or the articles it wishes to place on the warrant for the meeting in November. You mentioned that in the past the finance Committee did not take town counsel's opinion to heart in regards to the New Finance Committee Bylaw. You also said that the town spends alot of money to get his opinion so we should take him at his word.
Here are a couple of facts about the bylaw issue.
- The Chairman of the Finance committee requested to meet with the selectmen about the Bylaw but you wouldn't recognize him to discus it.
- He requested to talk to town council about it. You told him No!
- The finance committee talked to the DOR reps that did the Fiscal Management report for the town who said the bylaw was strongly worded but perfectly legal.
- Each section of the bylaw has been implemented in other towns in the commonwealth without any legal issues arising from them and lastly....
Lastly, would you believe a highly paid town counsel who also gives an opinion that the town has exclusive ownership of the word "Berkley" and its derivatives when a simple web search indicates that a location cannot be trademarked or owned.
I wouldn't, would you!